Legal Queries

I am residing at Society comes in Nallasopara west, the society has 230 member and completed 1 year after registration and now society has conducted AGM for Election of Committee member and society has not conducted meeting as per new procedure of Maharashtra Co-op Housing society Act amended in feb 2013. Society has not invite registrar of Housing society for meeting and society has not publish voter list and not publish any notice releated nomination form and society has done his election process without registrar, so i want to know this type of election is right or null and void
Tags: managing committee, Election, Voting
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SIR, I am a member of co op hg soc.in Kandivali west . Due dispute with some member Secretary resigned from post 3 months back. New one was selected from managing committee without any election. Unfortunately the new one passed away this month, so again there is vacancy for secretary post. Now the old one who resigned from secretary post want to become secretary again and he has got support of managing commitee members, My question is can he became secretary again withing 3 months of his resignation? He is not efficient secretary and was not able to take care of society matter properly so some members told him to resigned that time. Kindly advise, Thanking you
Tags: managing committee, Election
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can associate member contest society managing committee elections and hold the highest post in 2017 ? is it necessary for contesting managing committee elections, associate member has to be confirmed by the general body and in the annual general body meeting.
Tags: managing committee, Election
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Dear Sir Ours is the society of 30 members. Recently election is declared by election authority. Now we have two members of earlier committee which were disqualified under 73 CA and 78a but they were allowed to vote by Registrar. They can not contest election for 5 years. Also we have two defaulters , we have send them notices but have not taken action under 101 so registrar allowed them to vote and contest. One defaulter has not paid single rupee since beginning. What action can be taken.? Registrar supported them saying the case is pending for judgement in my court so defaulters can do anything. Do we have to inform to SCEA about this gross irregularity. To one member we have sent notices by post three times to settle his dues.
Tags: managing committee, Election, Maintenance Charges
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We are a 32 member society and The Provisional Managing committee of the society was formed in Feb-2017 after the handover from the Builder/Developer. I have 2 questions wrt election process, 1. Upto what period can the managing committee serve its term i.e 19th Feb 2018 or 30th Sep 2017 (inline with usual election procedure dates as per bye laws) 2. In The Provisional voter list (Form E-3) to be submitted, which names are to be mentioned incase of joint holders of the flat. thanks
Tags: Builder, Election
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Hello, Our society with less than 100 members had held AGM in September and the old committee term got expired but the same has not been informed to the registrar to conduct the election. Now we have defaulted and it's over 2 months but still no action is taken ahead. Below is my query. 1) Do we need to submit an apology letter and/or submit the relevant forms with voter list and request the registrar to conduct election. 2) Do we need to pay any penalty charges? If yes than how much? Is this penalty recoverable from old committee since it is default on their part? 3) During AGM people selected new committee which although is illegal but can the so called new committee submit the forms to the registrar and request to conduct election. Thanks and Regards, Ritesh Trivedi
Tags: Election, AGM
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Can you please let us know how to remove society secretary from the his position. He is not willing to resign and the committee wants to remove him
Tags: managing committee, Election
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Dear Sir, Our society is in Dombivli, Thane, Maharashtra and has 79 members. Due to unawareness of the new election rules, we had our society AGM in 2016 as usual and elected the new managing committee for 5 year term. When we visited The Thane District Cooperative Bank for updating authorized signatories of our society account, we were informed that we have not conducted the elections as per new bye laws and need to get the elections regularized or approved by Registrar of the society without which the bank can not update the records. Please guide us a way forward in the matter as managing committee is already functioning since 2016 and what needs to be done to get the bank account operative. Secondly, what is the benefit to the society of having representative from Registrar of societies in electing society managing committee when society is functioning smoothly and if there is no opposition and eligible members get elected unopposed. Further, we learnt that there is amendment to this elections bye laws, since it is being debated in various forums as there is no much benefit particularly to the Housing Societies, is it true?
Tags: Election
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About society election: My society has never conducted election so far. I am holding secretary post from last AGM. I need to conduct election but some of the members says they will elect new team by voice vote because our membership strength is less than 100. I want to call special general body meeting ant start with election process. Please advice.
Tags: Election, Voting
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